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USER AGREEMENT

USED TERMS IN AGREEMENT

1.1.  For purposes of this User agreement (here and after referred to as – Agreement) the terms mentioned below are used in following meaning:

1.1.1. Mobile application – ECM program (program software) “FlashMober”. A social media that unites Users and Participants in order to organize different kinds of entertainment for them, to effect a statistics analysis, the description of the analysis mentioned in clause 3 of this Agreement.

1.1.2. Administrator – limited liability company “FlashMober” represented by its representative (moderator), providing the Users with Mobile application.

1.1.3. User – private person (citizen), registered in Mobile application and using (having intention to use, or already used) the Mobile application and all or part of it’s functions at his discretion as provided by this agreement.

1.1.4. Participant – legal person registered in Mobile application and using it (having to use or already used) the Mobile application and all or part of its functions at his discretion as provided by this agreement.

1.1.5. Administrator services – payable or free services, in particular Mobile application functions available for use, named in this Agreement and/or previewed by the functionality of Mobile application.

1.1.6. Tasks – different tasks made by Users and Participants and/or Administrator and/or effected by Users through Mobile application. Tasks have a specific, clearly defined goal, which is described in the title and \ or comments to him, of which he understood the essence of the task and the embodiments thereof by other users.​

1.1.7. Report on the implementation of task – pictures, videos or other proofs confirming, that a concrete task have been effected by the User through the Mobile application.

1.1.8. E-mail - special technology that provides electronic messages, letters, files and paper transfer and reception by using data telecommunication network Internet.

1.1.9. Account – personal section of Mobile application provided to each User after registration that contains information about the User and applied for Mobile application Use according its content, purpose and functionality.

1.2.  Not enumerated in clause 1.1. of this agreement terms can be used in Agreement. In this case they are to be interpreted in accordance with the text and sense of this Agreement. If there are no any unambiguous terms interpretation in text of this Agreement it is necessary to use next terms interpretation: at first – notified in Mobile application content: secondly – according to the norms of actual legislation of Russian Federation and business practice traditions used in accordance with this field.

SUBJECT OF THIS AGREMENT

2.1.  LLC “FlashMober” offers the Users and Participants the Mobile application on terms enumerated in this Agreement.

2.2.  Having started the Mobile application or some of its functions use or having been registered the User or the Participant are considered to agree with Agreement conditions to  the full extent, with no warranties or exceptions. If not agree with some clauses of this Agreement the User and the Participant have no right to use the Mobile application.

MOBILE APPLICATION DESCRIPTION

3.1. Mobile application is an internet social media aimed on creation, exchange, transfer and organization of execution by the User of different Tasks.

3.2. The Use of Mobile application permitted to all Users and Participants notwithstanding their nationality, location and other geographic criteria.

3.3. The sense and content of the Task, it’s difficulty and way of execution defined only by Users, Participants and Administrator. Users and Participants post at their discretion different Tasks in Mobile application in order to satisfy their interests.

3.4. Task execution posted (proposed) by one of Users, Participants or by Administrator effected on free will of other User (Users). At the same time the Task at the discretion of User, Participant or Administrator can be proposed as to one as to unlimited number of Users of the Mobile application. The Task can be proposed to Users that are known by the User, or to those Users, who he does not know, or to Participant or Administrator – initiator of the Task.

3.5. The Task posted (proposed) by the User, Participant or Administrator can be rejected or executed by another User at his own discretion or will.

3.6. Task execution must be confirmed by the Report that is to be downloaded by the User in his Account or the history of Task execution.

3.7. Users and Participants have the right to:

  • Check Users Reports and history of Task execution;
  • Click the “like” for Users reports;
  • Comment Users Reports;
  • Post Reports in other social medias, in particular, but not limited by enumerated in social medias “Вконтакте”, “Instagram”, “Одноклассники”, “Twitter” etc.;
  • Effect other actions towards Users Reports that are not prohibited by this Agreement, Mobile application functionality and actual laws of Russian Federation.

3.8.  The Use of Mobile application is effected by two categories of Users:

3.8.1. Users – private persons.

3.8.2. Participants – legal persons.

 

ADMINISTRATOR RIGHTS

4.1. Under this Agreement Administrator provides the User with service provision for use of the Mobile application. User is obliged to use this Mobile application in accordance with its content, purpose and functionality.

4.2. If another not installed by Administrator, Mobile application donated for use.

4.3. Mobile application donated under simple license (unexclusive) with the right for Users to use the Mobile application in accordance with its content, purpose and functionality and without according a right to manage the Mobile application and/or its copies.

4.4. Administrator has the right to provide the Users with other Administrator Services including their incorporation to the Mobile application functionality. This list of Administrator services, their content and terms of provision, is directly and exclusively set at the discretion of Administrator.

4.5. The Administrator may, at its sole discretion to delete the job in which they are not clear and \ or not there is a specific, clearly defined objectives, as described in the title and \ or comments to him.​

 

RIGHTS AND LIABILITIES OF USERS AND PARTICIPANTS

5.1.  Rights of Users and Participants:

5.1.1. To address the Administrator if consultation and technical support needed while use of Administrator Services and use of Mobile application.

5.1.2. To use the Account in Mobile application.

5.1.3. To receive the notifications and messages to the Electronic mail address or cell-phone or User’s Account.

5.2. Users responsibilities:

5.2.1. To effect acquaintance with any kind of information of the Mobile application in any form that is received on User’s e-mail;

5.2.2. To effect the Task by himself in case if the Task does not suppose third party participation.

5.2.3. To provide true information about himself, in particular full and true documents, demanded by the Administrator, as well as while registration in Mobile application.

5.2.4. By this User guarantees and assures that all actions effected using User Account are considered to be effected by the User if he hadn’t informed the Administrator about illegal access of third parties to the User Account. By this User accepts, agrees and assumes that he is responsible for the confidentiality preservation of the log in and pass word for the access to the Mobile application. The User takes the responsibility to keep in secret the information about his log in and pass word and not to post it in public web sites.

5.2.5.  By this User agrees to receive on his e-mail the Tasks, proposed by the Administrator and Participants, as well as by the third parties, which are authorized by the Administrator to do this.

5.2.6. By this User is obliged not to send postings aimed on promotion or commercial of goods, jobs, services, trademarks, names of third parties to other Tasks Users.

5.2.7. User guarantees that while using the Mobile application, as well as while Task posting or Task execution Report posting the intellectual (exclusive, author’s) rights of third parties are being respected and this Task and Report result from the intellectual labor of the User.

5.2.8. Users and Participants are responsible before the third parties for their actions linked with Mobile application use as well as if these actions lead to abuse of third parties rights and legal interests, as well as statutory compliance while Mobile application use.

5.2.9. User gives his permission to Administrator and Participant, who initialized the Task, to post his Reports in Internet or other sources if it does not abuse the norms of actual legislation of Russian Federation.  Users’ Reports posting by the Administrator and User – legal person, are effected in order to popularize and promote the Mobile application on goods, jobs and services markets, to attract an additional number of Users and to promote the trademarks (logos) and brands of the User-legal person, to ameliorate the User-legal person recognition, his trademarks (logos) and brands, attention attraction and commercial of the User-legal person, his trademarks (logos) and brands.

5.2.10. To respect the restrictions and prohibitions set in clause 6 of this Agreement.

USERS RESTRICTIONS AND PROHIBITIONS

6.1. User and Participant are forbidden to :

6.1.1. Post in Mobile application, as well as in his Account, Tasks, comments and messages etc. the information that abuses the demands of the actual legislation of Russian Federation and norms of international law, in particular containing threats and insults, that discredit other persons, abuse citizen privacy rights or public order, materials of obscene character; containing indecent words; abusing the honor and dignity, rights and interests of other persons, protected by the law; inciting or containing appeals to start religious, ethnic and international discord, containing the attempts to start the war or appeals to violence.

6.1.2. To place (to download) on Mobile application pornographic materials, materials containing obscenities or materials of vulgar orientation, scenes of brutal treatment of animals, description of ways and methods of suicide and incitement to it, “pirate content”, other materials or content which are considered as violence and limited and/or forbidden in Russian Federation, according to actual legislation.

6.1.3. To provide false information in his Account or to the Administrator.

6.1.4. To register in Mobile application under another person’s name if don’t have necessary right given by another person.

6.1.5. To undertake the actions that can be considered as abusing the legislation of Russian Federation or norms or international right including the sphere of intellectual property, author and/or related rights and any other actions that can lead to abuse of normal functioning of the Mobile application or its services.

6.1.6. To proliferate or organize proliferation of malicious software (Trojans, viruses, “temporary bombs”, “worms” or any other program that can damage or delete information from the Mobile application.).

6.1.7. To give the log in or pass word to any other person without written permission of Administrator.

6.1.8. To search, gather and systemize other Users’ data by using other programs (“bots”) without written permission of Administrator.

6.1.9. To send/post the spam or other unwanted (illegal) information including commercials to other Users.

6.1.10.  To post commercials to sections of Mobile application that are not supposed to be used for these purposes.

6.1.11. Attempt to effect illegal access to the other Users’ Accounts or to possess their password information.

6.1.12. To effect an illegal gathering and processing of Users’ personal data.

6.1.13. To abuse the rights of other Users concerning the possibility of Mobile application use.

6.2. If not respected, the clauses of this Agreement, Administrator has the right to apply the measures established by this clause of this Agreement and to demand indemnification resulted from abuse of these limitations.

6.3. No clause of this Agreement can be considered and interpreted as permission for the User to use Administrator’s brand, his trademarks, domain names (domain) or other identification marks. The right on the named objects in full measure and in exceptional way belong to Administrator. Grand of right to their use effected only on the base of written agreement with Administrator.

LIABILITY LIMITATIONS AND NO WARRANTIES

7.1. User and other Participants use the Mobile application at their sole risk. Mobile application is provided “as it is”. Administrator doesn’t assume any responsibility including responsibility for services correspondence to aims of Users and Participants.

7.2. Administrator doesn’t guarantee that: Mobile application correspond/will correspond to the demands of User or Participant; Mobile application is to be provided continuously, rapidly, safely and with no errors; the results that can be got by use of the Mobile application are to be exact and safe and may be got and used by using this Mobile application and may be used for any other aim (for example, for installation or approval of some kind of facts); the quality of any other product, service, information etc., obtained by use of this Mobile application are to correspond to Users’ and Participants’ expectations.  

7.3.  In accordance with the specific functionality and purpose of Mobile Agreement Administrator is not responsible for action/inaction of Users as well as for the results of this action/inaction.

7.4. If Administrator is brought to responsibility because of Users actions Administrator has the right to shift this responsibility to Users and to recover losses incurred, expenses (including court costs), amendments, pennies, penalties, moral damage and damage to business reputation compensation etc. if their actions provoked named consequences.

7.5. If this Agreement or rights and interests of other persons or norms of actual legislation are not respected, Administrator dispose the right to apply next measures in unilateral way and without provisional notification to User of Participant or with provisional notification to User and Participant as well as with no explanation of the cause:

7.5.1. To give a warning:

7.5.2. To delete the Account from the Mobile application and forbid by this the User or Participant to use the Mobile application or Administrator services:

7.5.3. To block the Account for a certain time that is established at the discretion of the Administrator;

7.5.4. To forbid the use or certain section of the Mobile application as for certain as for uncertain period of time;

7.6. Administrator is not responsible for Users’ or Participants’ losses and expenses resulted from the use of this Mobile application especially:

7.6.1. Losses and expenses resulted from posted by other Users content:

7.6.2. Losses and expenses resulted from the familiarization with the information posted to Mobile application by the Administrator;

7.6.3. Losses and expenses resulted from illegal access of third parties including other Users to User’s Account, in particular resulted from the loss of confidentiality of the password of User’s Account. The User is obliged to take all necessary and sufficient measures by himself in order to keep the Account password in secret and not telling it to other persons.

7.6.4. Losses and expenses as well as other types of damages resulted from the User acquaintance with commercial, banners, contextual commercial and announcements posted to the Mobile application and hyperlinks posted to the Mobile application. The User is obliged not to lay claim to the Administrator on these expenses, losses and other damages and received claims are to be rejected;

7.6.5. Losses and expenses resulted from the Mobile application soft failure that provoked the loss or failure while getting the information.

7.7. Administrator is not responsible for Users posts with information about other persons as well as when the User has no permission of another party. In such cases the User is responsible himself and experiences all negative consequences provoked by the information posts about another person without his permission.

7.8. Administrator is not responsible for inaccurate obligations execution by third parties, in particular from the part of payment systems, credit organizations (banks), hosters and providers, mobile communications operators etc.

SETTLEMENT OF DISPUTES

8.1. By this, Administrator and User in relations with each other established extrajudicial dispute regulation resulted from their relations and in accordance with the clauses of this Agreement. The term of review of the claim is 30 (thirty) calendar days from the moment of its receipt. The claim is to be sent to the Administrator address by a registered letter with confirmation of its receipt at the address marked in EGRUL and on the web site www._______.ru

8.2. In exceptional circumstances if disputable questions have not been solved, the dispute resulting from this Agreement is to be examined by Moscow arbitration court. In all other cases applicable substantive law if disputable questions and conflict situations occur is a substantive law of Russian Federation.

TERMS OF THE AGREEMENT

9.1. This Agreement becomes valid from the moment it it’s post.

9.2. This Agreement is put into effect for an indefinite term and expires after it’s annulation by Administrator.

9.3. If there are changes in this Agreement, they become valid from the moment of a new Agreement edition post if another term for changes to take effect is not marked additionally while it’s posting. Administrator dispose the right to edit the text of Agreement in unilateral manner.

9.4.  User is obliged to control on his own the changes of this Agreement and he is responsible for negative consequences resulted from noncompliance to this duty.

9.5. If User is not agree with these changes, he is obliged to stop using the Mobile application and refuse Administrator services. If he doesn’t – that meant that the User agrees to continue using the Mobile application and that he agrees with new conditions of this Agreement.

9.6.  This Agreement composed in Russian language. If the discrepancy between Russian and other versions of this Agreement tale place, the Russian version is to be preferable while solving disputable questions.

June 18, 2015